Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1674
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Fiscal Policy (Grall) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 553.865, Florida Statutes, is created to
    6  read:
    7         553.865Private spaces.—
    8         (1)This section may be cited as the “Safety in Private
    9  Spaces Act.”
   10         (2)The Legislature finds that females and males should be
   11  provided restrooms and changing facilities for their exclusive
   12  use in order to maintain public safety, decency, and decorum.
   13         (3)As used in this section, the term:
   14         (a)“Changing facility” means a room in which two or more
   15  persons may be in a state of undress in the presence of others,
   16  including, but not limited to, a dressing room, fitting room,
   17  locker room, changing room, or shower room.
   18         (b)Correctional institution means any state correctional
   19  institution as defined in s. 944.02 or private correctional
   20  facility as defined in s. 944.710 or any other facility used for
   21  the detention of adults charged with or convicted of a crime.
   22         (c)“Covered entity” means any:
   23         1.Correctional institution;
   24         2.Educational institution;
   25         3.Juvenile correctional facility or juvenile prison as
   26  described in s. 985.465, any detention center or facility
   27  designated by the Department of Juvenile Justice to provide
   28  secure detention as defined in s. 985.03(18)(a), and any
   29  facility used for a residential program as described in s.
   30  985.03(44)(b), (c), or (d); or
   31         4.Public building.
   32         (d)“Educational institution” means a K-12 educational
   33  institution or facility or a postsecondary educational
   34  institution or facility.
   35         (e)“Female” means a person belonging, at birth, to the
   36  biological sex which has the specific reproductive role of
   37  producing eggs.
   38         (f)“K-12 educational institution or facility” means:
   39         1.A school as defined in s. 1003.01(2) operated under the
   40  control of a district school board as defined in s. 1003.01(1);
   41         2.The Florida School for the Deaf and the Blind as
   42  described in ss. 1000.04(4) and 1002.36;
   43         3.A developmental research (laboratory) school established
   44  pursuant to s. 1002.32(2);
   45         4.A charter school authorized under s. 1002.33; or
   46         5.A private school as defined in s. 1002.01(2).
   47         (g)“Male” means a person belonging, at birth, to the
   48  biological sex which has the specific reproductive role of
   49  producing sperm.
   50         (h)“Postsecondary educational institution or facility”
   51  means:
   52         1.A state university as defined in s. 1000.21(6);
   53         2.A Florida College System institution as defined in s.
   54  1000.21(3);
   55         3.A school district career center as described in s.
   56  1001.44(3);
   57         4.A college or university licensed by the Commission for
   58  Independent Education pursuant to s. 1005.31(1)(a); or
   59         5.An institution not under the jurisdiction or purview of
   60  the commission as identified in s. 1005.06(1)(b)-(f).
   61         (i)“Public building” means a building comfort-conditioned
   62  for occupancy which is owned or leased by the state, a state
   63  agency, or a political subdivision. The term does not include a
   64  correctional institution, an educational institution, a juvenile
   65  correctional facility or juvenile prison as described in s.
   66  985.465, a detention center or facility designated by the
   67  Department of Juvenile Justice to provide secure detention as
   68  defined in s. 985.03(18)(a), or any facility used for a
   69  residential program as described in s. 985.03(44)(b), (c), or
   70  (d).
   71         (j)“Restroom” means a room that includes one or more water
   72  closets. This term does not include a unisex restroom.
   73         (k)“Sex” means the classification of a person as either
   74  female or male based on the organization of the body of such
   75  person for a specific reproductive role, as indicated by the
   76  person’s sex chromosomes, naturally occurring sex hormones, and
   77  internal and external genitalia present at birth.
   78         (l)“Unisex changing facility” means a room intended for a
   79  single occupant or a family in which one or more persons may be
   80  in a state of undress, including, but not limited to, a dressing
   81  room, fitting room, locker room, changing room, or shower room
   82  that is enclosed by floor-to-ceiling walls and accessed by a
   83  full door with a secure lock that prevents another individual
   84  from entering while the changing facility is in use.
   85         (m)“Unisex restroom” means a room that includes one or
   86  more water closets and that is intended for a single occupant or
   87  a family, is enclosed by floor-to-ceiling walls, and is accessed
   88  by a full door with a secure lock that prevents another
   89  individual from entering while the room is in use.
   90         (n)“Water closet” means a toilet or urinal.
   91         (4)A covered entity that maintains a water closet must, at
   92  a minimum, have:
   93         (a)A restroom designated for exclusive use by females and
   94  a restroom designated for exclusive use by males; or
   95         (b)A unisex restroom.
   96         (5)A covered entity that maintains a changing facility
   97  must, at a minimum, have:
   98         (a)A changing facility designated for exclusive use by
   99  females and a changing facility designated for exclusive use by
  100  males; or
  101         (b)A unisex changing facility.
  102         (6)For purposes of this section, a person may only enter a
  103  restroom or changing facility designated for the opposite sex
  104  under the following circumstances:
  105         (a)To accompany a person of the opposite sex for the
  106  purpose of assisting or chaperoning a child under the age of 12,
  107  an elderly person as defined in s. 825.101, or a person with a
  108  disability as defined in s. 760.22 or a developmental disability
  109  as defined in s. 393.063;
  110         (b)For law enforcement or governmental regulatory
  111  purposes;
  112         (c)For the purpose of rendering emergency medical
  113  assistance or to intervene in any other emergency situation
  114  where the health or safety of another person is at risk;
  115         (d)For custodial, maintenance, or inspection purposes,
  116  provided that the restroom or changing facility is not in use;
  117  or
  118         (e)If the appropriate designated restroom or changing
  119  facility is out of order or under repair and the restroom or
  120  changing facility designated for the opposite sex contains no
  121  person of the opposite sex.
  122         (7)(a)Each correctional institution shall establish
  123  disciplinary procedures for any prisoner who willfully enters,
  124  for a purpose other than those listed in subsection (6), a
  125  restroom or changing facility designated for the opposite sex on
  126  the premises of a correctional institution and refuses to depart
  127  when asked to do so by any employee of the Department of
  128  Corrections or an employee of the correctional institution.
  129         (b)Any Department of Corrections employee or correctional
  130  institution employee who willfully enters, for a purpose other
  131  than those listed in subsection (6), a restroom or changing
  132  facility designated for the opposite sex on the premises of a
  133  correctional institution and refuses to depart when asked to do
  134  so by another Department of Corrections employee or correctional
  135  institution employee is subject to disciplinary action by the
  136  Department of Corrections.
  137         (c)A person who willfully enters, for a purpose other than
  138  those listed in subsection (6), a restroom or changing facility
  139  designated for the opposite sex on the premises of a
  140  correctional institution and refuses to depart when asked to do
  141  so by an employee of the Department of Corrections or an
  142  employee of the correctional institution commits the offense of
  143  trespass as provided in s. 810.08. This paragraph does not apply
  144  to prisoners, Department of Corrections employees, or
  145  correctional institution employees.
  146         (8)(a)Each educational institution shall, within its code
  147  of student conduct, establish disciplinary procedures for any
  148  student who willfully enters, for a purpose other than those
  149  listed in subsection (6), a restroom or changing facility
  150  designated for the opposite sex on the premises of the
  151  educational institution and refuses to depart when asked to do
  152  so by:
  153         1.For a K-12 educational institution or facility, any
  154  instructional personnel as described in s. 1012.01(2),
  155  administrative personnel as described in s. 1012.01(3), or a
  156  safe-school officer as described in s. 1006.12(1)-(4) or, if the
  157  institution is a private school, any equivalent of such
  158  personnel or officer; or
  159         2.For a postsecondary educational institution or facility,
  160  any administrative personnel, faculty member, security
  161  personnel, or law enforcement personnel.
  162         (b)Instructional personnel or administrative personnel as
  163  those terms are described in s. 1012.01(2) and (3),
  164  respectively, for an educational institution, or the equivalent
  165  of such personnel for a private school, who willfully enter, for
  166  a purpose other than those listed in subsection (6), a restroom
  167  or changing facility designated for the opposite sex on the
  168  premises of the educational institution and refuse to depart
  169  when asked to do so by a person specified in subparagraph (a)1.
  170  or subparagraph (a)2. commit a violation of the Principles of
  171  Professional Conduct for the Education Profession and are
  172  subject to discipline pursuant to s. 1012.795.
  173         (c) Instructional personnel or administrative personnel at
  174  a Florida College System institution or state university who
  175  willfully enter, for a purpose other than those listed in
  176  subsection (6), a restroom or changing facility designated for
  177  the opposite sex on the premises of the educational institution
  178  and refuse to depart when asked to do so by a person listed in
  179  subparagraph (a)2. are subject to disciplinary actions
  180  established in State Board of Education rule or Board of
  181  Governors regulation.
  182         (d) Each postsecondary educational institution or facility
  183  defined under subparagraphs (3)(h)4. and 5. and private school
  184  defined under subparagraph (3)(f)5. shall establish a
  185  disciplinary policy for administrative personnel and
  186  instructional personnel who willfully enter, for a purpose other
  187  than those listed in subsection (6), a restroom or changing
  188  facility designated for the opposite sex on the premises of the
  189  educational institution and refuse to depart when asked to do so
  190  by a person specified in subparagraph(a)1. or subparagraph (a)2.
  191         (e)Any person who willfully enters, for a purpose other
  192  than those listed in subsection (6), a restroom or changing
  193  facility designated for the opposite sex on the premises of an
  194  educational institution and refuses to depart when asked to do
  195  so by a person specified in subparagraph (a)1. or subparagraph
  196  (a)2. commits the offense of trespass as provided in s. 810.08.
  197  This paragraph does not apply to a student of the educational
  198  institution or to administrative personnel or instructional
  199  personnel of the educational institution.
  200         (9)(a)Each juvenile correctional facility or juvenile
  201  prison as described in s. 985.465, each detention center or
  202  facility designated by the Department of Juvenile Justice to
  203  provide secure detention as defined in s. 985.03(18)(a), and
  204  each facility used for a residential program as described in s.
  205  985.03(44)(b), (c), or (d) shall establish disciplinary
  206  procedures for any juvenile as defined in s. 985.03(7) who
  207  willfully enters, for a purpose other than those listed in
  208  subsection (6), a restroom or changing facility designated for
  209  the opposite sex in such juvenile correctional facility,
  210  juvenile prison, secure detention center or facility, or
  211  residential program facility and refuses to depart when asked to
  212  do so by delinquency program staff, detention staff, or
  213  residential program staff.
  214         (b)Any delinquency program staff member, detention staff
  215  member, or residential program staff member who willfully
  216  enters, for a purpose other than those listed in subsection (6),
  217  a restroom or changing facility designated for the opposite sex
  218  in a juvenile correctional facility, juvenile prison, secure
  219  detention center or facility, or residential program facility
  220  and refuses to depart when asked to do so by another delinquency
  221  program staff member, detention staff member, or residential
  222  program staff member is subject to disciplinary action by the
  223  Department of Juvenile Justice.
  224         (c)A person who willfully enters, for a purpose other than
  225  those listed in subsection (6), a restroom or changing facility
  226  designated for the opposite sex on the premises of a juvenile
  227  correctional facility, juvenile prison, secure detention center
  228  or facility, or residential program facility and refuses to
  229  depart when asked to do so by delinquency program staff,
  230  detention staff, or residential program staff commits the
  231  offense of trespass as provided in s. 810.08. This paragraph
  232  does not apply to juveniles as defined in s. 985.03(7),
  233  delinquency program staff, detention staff, or residential
  234  program staff.
  235         (10)(a)The applicable governmental entity shall, for each
  236  public building under its jurisdiction, establish disciplinary
  237  procedures for any employee of the governmental entity who
  238  willfully enters, for a purpose other than those listed in
  239  subsection (6), a restroom or changing facility designated for
  240  the opposite sex at such public building and refuses to depart
  241  when asked to do so by any other employee of the governmental
  242  entity.
  243         (b)A person who willfully enters, for a purpose other than
  244  those listed in subsection (6), a restroom or changing facility
  245  designated for the opposite sex at a public building and refuses
  246  to depart when asked to do so by an employee of the governmental
  247  entity for the public building that is within the governmental
  248  entity’s jurisdiction commits the offense of trespass as
  249  provided in s. 810.08. This paragraph does not apply to
  250  employees of governmental entities for such public building.
  251         (11)A covered entity that is:
  252         (a)A correctional institution shall submit documentation
  253  to the Department of Corrections regarding compliance with
  254  subsections (4) and (5), as applicable, within 1 year after
  255  being established or, if such institution was established before
  256  July 1, 2023, no later than April 1, 2024.
  257         (b)A K-12 educational institution or facility, Florida
  258  College System institution as defined in s. 1000.21(3), or a
  259  school district career center as described in s. 1001.44(3)
  260  shall submit documentation to the State Board of Education
  261  regarding compliance with subsections (4) and (5), as
  262  applicable, within 1 year after being established or, if such
  263  institution, facility, or center was established before July 1,
  264  2023, no later than April 1, 2024.
  265         (c)A state university as defined in s. 1000.21(6) shall
  266  submit documentation to the Board of Governors regarding
  267  compliance with subsections (4) and (5), as applicable, within 1
  268  year after being established or, if such institution was
  269  established before July 1, 2023, no later than April 1, 2024.
  270         (d)A postsecondary educational institution or facility as
  271  defined in subparagraph (3)(h)4. or subparagraph (3)(h)5. shall
  272  submit documentation to the Department of Education regarding
  273  compliance with subsections (4) and (5), as applicable, within 1
  274  year of being established or, if such institution or facility
  275  was established before July 1, 2023, no later than April 1,
  276  2024.
  277         (e)A juvenile correctional facility or juvenile prison as
  278  described in s. 985.465, a detention center or facility
  279  designated by the Department of Juvenile Justice to provide
  280  secure detention as defined in s. 985.03(18)(a), or a facility
  281  used for a residential program as described in s. 985.03(44)(b),
  282  (c), or (d) shall submit documentation to the Department of
  283  Juvenile Justice regarding compliance with subsections (4) and
  284  (5), as applicable, within 1 year after being established or, if
  285  such institution or facility was established before July 1,
  286  2023, no later than April 1, 2024.
  287         (12)Beginning July 1, 2024, a person may submit a
  288  complaint to the Attorney General alleging that a covered entity
  289  failed to meet the minimum requirements for restrooms and
  290  changing facilities under subsection (4) or subsection (5).
  291         (13)(a)A covered entity that fails to comply with
  292  subsection (4) or subsection (5) is subject to penalties under
  293  paragraph (b) and to licensure or regulatory disciplinary
  294  action, as applicable.
  295         (b)Beginning July 1, 2024, the Attorney General may bring
  296  a civil action to enforce this section against any covered
  297  entity. The Attorney General may seek injunctive relief, and,
  298  for any covered entity found to have willfully violated this
  299  section, the Attorney General may seek to impose a fine of up to
  300  $10,000.
  301         (c)Fines collected pursuant to paragraph (b) must be
  302  deposited in the General Revenue Fund.
  303         (14) This section does not apply to an individual who is or
  304  has been under treatment by a physician who, in his or her good
  305  faith clinical judgment, performs procedures upon or provides
  306  therapies to a minor born with a medically verifiable genetic
  307  disorder of sexual development, including any of the following:
  308         (a)External biological sex characteristics that are
  309  unresolvably ambiguous.
  310         (b)A disorder of sexual development in which the physician
  311  has determined through genetic or biochemical testing that the
  312  patient does not have a normal sex chromosome structure, sex
  313  steroid hormone production, or sex steroid hormone action for a
  314  male or female, as applicable.
  315         (15)By January 1, 2024, the Department of Corrections, the
  316  Department of Juvenile Justice, and the State Board of Education
  317  shall each adopt rules, and the Board of Governors shall adopt
  318  regulations, establishing procedures to carry out this section
  319  and to ensure compliance with and enforcement of this section,
  320  including, but not limited to, the type, format, and method of
  321  delivery of the documentation required under subsection (11).
  322         Section 2. If any provision of this act or its application
  323  to any person or circumstance is held invalid, the invalidity
  324  does not affect other provisions or applications of the act
  325  which can be given effect without the invalid provision or
  326  application, and to this end the provisions of this act are
  327  severable.
  328         Section 3. This act shall take effect July 1, 2023.
  329  
  330  ================= T I T L E  A M E N D M E N T ================
  331  And the title is amended as follows:
  332         Delete everything before the enacting clause
  333  and insert:
  334                        A bill to be entitled                      
  335         An act relating to facility requirements based on sex;
  336         creating s. 553.865, F.S.; providing a short title;
  337         providing legislative findings; defining terms;
  338         requiring certain entities that maintain water closets
  339         or changing facilities to meet specified requirements;
  340         authorizing persons to enter a restroom or changing
  341         facility designated for the opposite sex only under
  342         certain circumstances; requiring covered entities to
  343         establish disciplinary procedures relating to
  344         restrooms and changing facilities; providing that
  345         specified persons are subject to discipline for
  346         refusing to depart certain restrooms and changing
  347         facilities under certain circumstances; providing that
  348         specified persons who enter certain restrooms or
  349         changing facilities and refuse to depart when asked to
  350         do so commit the criminal offense of trespass;
  351         providing applicability; requiring covered entities to
  352         submit specified compliance documentation to specified
  353         entities; authorizing persons to submit complaints to
  354         the Attorney General after a specified date relating
  355         to covered entities that fail to meet specified
  356         requirements; authorizing the Attorney General to
  357         bring enforcement actions after a specified date;
  358         authorizing civil penalties; requiring that certain
  359         funds be deposited in the General Revenue Fund;
  360         providing applicability; requiring the Department of
  361         Corrections, the Department of Juvenile Justice, and
  362         the State Board of Education to adopt rules; requiring
  363         the Board of Governors to adopt regulations; providing
  364         severability; providing an effective date.